HomeMy Public PortalAboutSubdivision and Development Servicing Bylaw 1300TOWN OF OLIVER
BYLAW 1300
A Bylaw to Regulate Servicing of Subdivisions and Developments in the Town of Oliver
A. WHEREAS the Town may, under section 938 of the Local Government Act, regulate and
require the provision of works and services in respect of the subdivision of land, and require
as a condition of the approval of a building permit or a subdivision that the owner of the land
provide works and services on the land being developed or subdivided and on the adjacent
highway, all in accordance with the works and services standards established in the bylaw;
B. WHEREAS the Town may, under section 939 of the Local Government Act, require that the
owner of land that is to be subdivided or developed provide excess or extended services as
defined in that section; and
C. WHEREAS the Council of the Town may, under s. 154 of the Community Charter, delegate
its powers, duties and functions to an officer or employee of the Town;
NOW, THEREFORE, the Council of the Town of Oliver, in open meeting assembled, enacts as
follows:
1. Citation – This bylaw may be cited as “Subdivision and Development Servicing Bylaw
1300”.
2. Repeal – Oliver Subdivision and Development Servicing Bylaw No. 583, 1990 is hereby
repealed.
3. Definitions – In this Bylaw:
“Administration Fee” means a surcharge of 15%, or such lesser amount as determined by the
Director, to recover costs and expenses of staff salaries, supervision and other overhead
expenses related to design and construction of works and services by the Town.
“Approving Officer” means a person appointed as approving officer under section 77 of the
Land Title Act.
“Building Inspector” means a person designated by Council as a building inspector for the
Town.
“Developer” means the owner or agent of the owner of land in respect of which a subdivision
or development application has been submitted to the Town.
“Director” means the Director of Operations appointed by Council to direct the operation of
the public works department and includes employees, contractors or agents working under
Development Servicing Bylaw 1300 Page 2
the supervision or direction of the Director for the purpose of administering or enforcing this
bylaw.
“Inspection Fee” means a charge of 3%, or such lesser amount as determined by the Director,
to recover costs incurred by the Town to pay its employees or its consultants to perform
inspections on works and services installed by a Developer.
“Security” means cash or a clean, unconditional, irrevocable and automatically renewing
letter of credit drawn on a chartered bank or credit union having a branch in the Regional
District of Okanagan Similkameen or in the Central Okanagan Regional District at which
demand may be made on the letter of credit.
“Servicing Agreement” means an agreement between the Town and a Developer that sets out
the servicing requirements, construction deadlines, fees and Security that must be provided
by the Devloper.
“Town” means the Town of Oliver.
4. Works and Services for Subdivisions – Except as provided below, no person shall
subdivide land in the Town unless the works and services set out in section 6 have been
provided by the Developer to the satisfaction of the Director, or the Developer has entered
into a Servicing Agreement with the Town, as set out in section 12, to construct and install
the required works and services. Despite section 6, the following exemptions apply:
(1) Curbs, sidewalks, boulevard trees and irrigation are not required for subdivisions
taking place within the area indicated as Service Level 2 in Schedule A;
(2) Electrical and telecommunication utilities may be installed on overhead utility poles
and need not be buried for subdivisions taking place within the area indicated as
Service Level 2 in Schedule A;
(3) Electrical and telecommunication services may be provided from overhead utility
lines in the case of any subdivision resulting in the creation of not more than three
additional parcels in an area zoned only for single-family residential use, where the
Electrical and telecommunication utilities abutting the parcel being subdivided and all
immediately adjacent parcels are above ground, provided that no additional utility
poles are required to service the subdivision;
(4) Curbs and sidewalks are not required for subdivisions resulting in the creation of not
more than three additional parcels in an area zoned only for single-family residential
use, where there is no curb and sidewalk in place within 100 metres of the subdivision
on the street side fronting the subdivision and where the fronting street side is not
designated as a future pedestrian corridor in Schedule B, Map B 2 of this bylaw; and
(5) Specific works and services are not required in cases where the Director determines
that the need for the works or services is not directly attributable to the subdivision, or
to buildings likely to be constructed in the subdivision.
Development Servicing Bylaw 1300 Page 3
5. Works and Services for Building Permits – Except as provided below, no person shall
construct a building or structure in the Town for which a building permit is required unless
the works and services set out in section 6 have been provided by the Developer to the
satisfaction of the Director, or the Developer has entered into a Servicing Agreement with the
Town, as set out in section 12, to construct and install the required works and services.
Despite section 6, the following exemptions apply:
(1) Curbs, sidewalks, boulevard trees and irrigation are not required for building permits
within the area indicated as Service Level 2 in Schedule A;
(2) Electrical and telecommunication utilities may be installed on overhead utility poles
and need not be buried for building permits within the area indicated as Service Level
2 in Schedule A;
(3) Electrical and telecommunication services may be provided from overhead utility
lines where the electrical and telecommunication utilities abutting the parcel subject
to a building permit and all immediately adjacent parcels are above ground, provided
that no additional utility poles are required to service the building permit;
(4) Curbs and sidewalks are not required for subdivisions resulting in the creation of not
more than three additional parcels in an area zoned only for single-family residential
use, where there is no curb and sidewalk in place within 100 metres of the subdivision
on the street side fronting the subdivision and where the fronting street side is not
designated as a future pedestrian corridor in Schedule B, Map B 2 of this bylaw; and
(5) Specific works and services are not required in cases where the Director determines
that the need for the works or services is not directly attributable to the subdivision, or
to buildings likely to be constructed in the subdivision.
6. Works and Services Required – Except where specifically altered or exempted in this
bylaw or by variance permit, the works and services required for subdivisions and building
permits are the following:
(1) highways and lanes, boulevards including street trees, other landscaping and
irrigation systems, boulevard crossings, culverts, transit facilities, sidewalks,
walkways, concrete pads for community mail boxes, highway and walkway bridges,
curbs and gutters, traffic signs and signals, street lighting, conduit and vaults for
underground wiring;
(2) water distribution systems connected to the Town’s water distribution system
including, without limitation, mains, booster stations, fire hydrant systems, valves and
valve chambers, service connections, meters and meter chambers;
Development Servicing Bylaw 1300 Page 4
(3) sewage collection systems connected to the Town’s sewage system including, without
limitation, gravity mains, pressurized mains, lift stations, manholes, sewage holding
facilities and service connections;
(4) drainage systems including, without limitation, mains, catch basins, manholes,
infiltration drywells, swales, ditches, gates, stormwater retention and detention
facilities, outfalls and environmental control facilities; and
(5) installations required by the Town and by public utilities for the underground
distribution and delivery of electrical, telecommunications, cablevision and natural
gas services.
7. Service Upgrades – If works and services of the type described in section 6 are already in
existence on or in a highway, lane or right-of-way adjacent to a parcel being subdivided or on
which a building is proposed to be constructed, and the works and services do not comply
with the standards specified in section 9, the Developer must alter the works and services so
that they comply with the standards, and all other provisions of this bylaw. All requirements
for servicing agreements and Security as set out in this bylaw shall also apply for service
upgrades.
8. Excess or Extended Services – Council delegates to the Director, the powers of Council
under the Local Government Act to:
(1) require a Developer to construct excess or extended services as defined in section 939
of the Act;
(2) determine whether the cost to the Town to provide the excess or extended services
would be excessive and, in that event, require the cost to be paid by the Developer;
(3) determine the benefit of the excess or extended service that may be attributed to each
of the parcels of land that will be served by the services; and
(4) impose latecomer charges under section 939 of the Act including interest at the rate
established by Latecomer Interest Charge Bylaw No. 734, 1993 or any successor
bylaw.
9. Standards and Specifications – Works and services required by this bylaw must:
(1) be designed in accordance with sound engineering principles;
(2) where installed by a Developer, be designed by a professional engineer licensed to
practice in the Province of British Columbia;
(3) extend through or along the full frontage of a parcel being subdivided or built upon
under a building permit, in order to facilitate service to parcels or buildings beyond;
Development Servicing Bylaw 1300 Page 5
(4) meet the requirements set out in Schedule A through F of this bylaw, except to the
extent that such standards may have been varied by development variance permit; and
(5) comply with the Subdivision and Development Servicing Technical Standards, that
may be prescribed by the Director from time to time.
10. Works and Services by the Town – The Director may require that some or all works and
services required by this bylaw be installed by the Town or the Town’s contractors instead of
by the Developer, in which case:
(1) the cost of these works and services including design, materials, construction and
Administration Fee must be paid for by the Developer;
(2) payment for these works and services must be guaranteed by Security posted by the
Developer;
(3) the amount of Security required shall be 125% of the estimated cost to design, build
and document the works and services to be built by the Town or its contractors, or a
lesser amount as determined by the Director, plus 125% of the applicable
Administration Fee;
(4) Following completion of the works and services, any difference between the Security
and the cost of the works and services including Administration Fee shall be refunded
or invoiced to the Developer, as the case may be;
11. Works and Services by the Developer – Where works and services are designed by and
constructed under supervision and coordination of an engineer engaged by the Developer
(“Developer’s Engineer”), the following requirements shall apply:
(1) All permits required from health authorities, road authorities and other jurisdictions
outside the Town shall be applied and paid for by the Developer.
(2) The Developer’s Engineer remains responsible for performing all testing required by
the Town and by outside agencies.
(3) The Developer’s Engineer shall, in a format satisfactory to the Director, submit to the
Town the following items, and the Developer shall ensure that the Developer’s
Engineer’s retainer requires their preparation and submission to the Director:
(a) final design for approval prior to construction;
(b) full cost estimate of all construction, design and documentation work;
(c) a schedule for construction of the works;
(d) all test results arising from or related to the construction;
Development Servicing Bylaw 1300 Page 6
(e) a substantial completion certificate in a form set by the Director, documenting
any outstanding deficiencies;
(f) record drawings of all works installed, to be supplied in digital computer
format as well as two hard copies at a suitable scale;
(g) a service card for each parcel created by a subdivision or being developed
unde a building permit, showing location, depth, size and type of service
installed for the parcel; and
(h) a final completion certificate.
(4) The Developer shall not commence construction prior to:
(a) receiving approval from the Director for of all designs and estimates related to
the required works and services;
(b) entering into a Servicing Agreement with the Town, in accordance with
section 12; and
(c) providing all payments and Security to the Town as required by the Servicing
Agreement.
(5) During and following construction, the Developer shall comply with all requirements
of the Servicing Agreement.
12. Servicing Agreement – The Director may from time to time, prescribe the form of a
Servicing Agreement to be used to secure completion and maintenance of works and services
and execute such agreement on behalf of the Town. Where determined necessary by the
Director, the Servicing Agreement shall be drafted and executed in a form that can be
registered under section 219 of the Land Title Act against title to the land being subdivided or
built upon. Servicing Agreements shall as a minimum, require the Developer:
(1) to complete construction of works and services by a specific date (“Completion
Date”);
(2) to repair and make good all defects and deficiencies appearing in the works and
services for a period of 12 months (“Maintenance Period”) following completion of
construction;
(3) to pay to the Town an Inspection Fee based on the engineer’s estimated value of
construction;
(4) to provide Security to the Town, which at any time shall not be less than the sum of
the following amounts:
Development Servicing Bylaw 1300 Page 7
(a) 10% of the value of works and services not yet constructed, to ensure
performance and to pay for clean-up or restoration of any facilities of the
Town damaged by the Developer’s forces or contractors during construction;
(b) If subdivision is approved or a building permit is issued prior to completion of
works and services, 125% of the value of works and services not yet
constructed, to ensure completion; plus
(c) 10% of the value of all completed municipal works and services to be used to
ensure repair of any deficiencies that arise during the 12 months following
completion of works and services.
(5) to forfeit any Security required by the Town to complete the works and services if the
works and services are not completed by the Developer prior to the Completion Date
or to repair defects and deficiencies in the works and services if the repairs are not
performed by the Developer during the Maintenance Period;
(6) to pay to the Town the cost including Administration Fee, of completing all works
and services that are not completed by the Developer before the Completion Date, if
the cost to complete these works exceeds the value of the Security;
(7) to pay to the Town the cost of all repairs and corrections including Administration
Fee that become necessary during the Maintenance Period, if subsection (2) is not
satisfied and if the cost to repair or correct deficiencies exceeds the value of the
Security;
(8) to carry third party liability insurance in an amount and form acceptable to the
Director, in respect of claims arising out of death, personal injury or damage arising
from the construction of the works and services for the duration of construction and
Maintenance; and
(9) to indemnify the Town and save it harmless in respect of all costs and expenses it
may incur as a result of faulty workmanship or defective material in the works and
services in respect of which the Town has provided notice to the Developer prior to
the Town’s final acceptance of the works and services.
13. Latecomer Agreements – Where excess or extended services are required to be provided by
the Developer under section 8, the Director may execute and deliver on behalf of the Town
agreements with Developer regarding the collection and remittance of latecomer charges,
which agreements may be combined with the Servicing Agreements referred to in section 12.
14. Deferred Construction of Works and Services – The Director may require a Developer to
pay to the Town, in lieu of constructing or altering works and services required by this
bylaw, cash in the amount determined by the Director to be the cost of designing and
constructing or altering the works and services as of the time of approval of the subdivision
or issuance of the building permit including any land acquisition costs, if the Director
determines on the basis of sound civil engineering practice or cost considerations that the
Development Servicing Bylaw 1300 Page 8
works should be constructed or altered at a later time or concurrently with the construction or
alteration of works and services serving adjacent or nearby parcels of land, and in such cases
the Town shall deposit the funds into a reserve fund established for the construction or
alteration of these works and services.
15. Dedicated Highways and Rights of Way – The works and services required by this bylaw
shall be provided in dedicated highways, unless the Director has approved the location of the
works and services in a statutory right of way granted to the Town, in which case the
statutory right of way, including any required plan of right of way, must be prepared at the
cost of the Developer, in terms satisfactory to the Director and deposited concurrently with
the deposit of the subdivision plan in the case of a subdivision application and prior to the
issuance of the building permit in the case of a building permit application. Where an
existing statutory right of way is of insufficient width or scope to accommodate the works
and services, the Director may require the modification of the statutory right of way and this
section also applies to the preparation and deposit of a modification agreement or revised
plan of statutory right of way.
16. No Work Prior to Design Approval – No person shall commence construction of any
works or services required or regulated by this bylaw, whether on private property or on
public road, without first receiving final approval of all designs and written authorization to
proceed from the Director.
17. Independent Review of Work – If construction commences on any works or services prior
to design approval and authority to proceed being issued by the Town, the Developer shall
pay the Town the cost of having the design and work conducted on such works and services
inspected and tested by an independent engineer to confirm compliance with the Town’s
service requirements. Such costs shall be in addition to Inspection Fees normally charged.
18. Right to Inspect – No person shall obstruct the Director or prevent the Director from
inspecting any works or services required under this bylaw, whether such works and services
are on private property or on public road.
19. Stop Work Order – The Director may issue a Stop Work Order related to works and
services required or regulated by this bylaw if the Director has been refused access for
inspection or if the Director believes that works and services are not being installed in
accordance with a final design approved by the Director. No person shall continue to work on
any works and services for which a stop work order has been issued by the Director or, being
the owner of land on which such works or services are being constructed, permit any person
to continue such work.
20. Offence – Every person who violates any provision of this bylaw commits an offence and is
liable to a fine not exceeding $10,000.
21. Ongoing Offences – Each day’s continuation of an offence constitutes a new and distinct
offence.
Development Servicing Bylaw 1300 Page 9
Read a first, second and third time on the 11th day of February, 2014.
Adopted on the 24th day of March, 2014.
______________________________ ______________________________
Mayor Corporate Officer
' Original Signed by Mayor '' Original Signed by Corporate Officer
Development Servicing Bylaw 1300 Page 10
Schedule A – Service Level Areas
1. The Town is divided into two service level areas, “Service Level 1” and “Service Level 2”,
as shown in Map A-1.
2. In Service Level 1:
(1) All electric power and telecommunication utility extensions shall be provided
underground; and
(2) Roads shall be constructed with concrete curb and gutter, boulevard trees including
irrigation systems and sidewalk.
3. In Service Level 2:
(1) Electric power and telecommunication utility extensions may be provided
underground or overhead on new utility poles; and
(2) Roads may be constructed to include paved asphalt shoulders without curb and gutter,
sidewalks and boulevard trees.
Development Servicing Bylaw 1300 Page 12
Schedule B – Roadways and Walkways
1. Existing roads are classified into different categories as illustrated on Map B-1.
2. Map B-2 shows existing and proposed trail and sidewalk corridors in the Town of Oliver.
3. Prior to design of roads, the Director shall classify each new road proposed within the
development and stipulate the required standards in accordance with Map B-1.
4. Applicable design standards and sidewalk requirements for each road and trail classification
are presented in Table B-1.
5. Notwithstanding the standards provided in Table B-1, the Director:
(1) may require an independent Traffic Impact Study to determine the requirements for
turning lanes or traffic control signalization and require a Developer to construct
works recommended in any such Study;
(2) in recognition of ambient conditions, may require variance from these standards in
existing developed areas and neighbourhoods, where provisions to accommodate the
required roadway standards may not have been anticipated; and
(3) may require or allow variances to right-of-way and surface standards for unique
situations such as access roads or steep hillside roads.
Town of Oliver
Development Servicing Bylaw 1300
Map B-2 Trails and Sidewalk Corridors
U 300
Sidewalks
- — — — — - Pedestrian/ Cycling Shared Trail
Pedestrian Trail
Primitive Trail
600
Meters
Development Servicing Bylaw 1300 Page 15
Table B-1 Roadway Classification and Design Standards
Road
Classification
Right-of-
way
Width
(m)
Asphalt
Surface
Width
(m)
Curb Type Sidewalks
(m)
Local
Residential (low
traffic volume)
18.0 8.5 Mountable
concrete
1.5
one side *
Local
Residential 18.0 10.0 Mountable
concrete
1.5
one side
Minor Collector,
or Local
Commercial
20.0 12.0 Barrier (standard)
concrete
1.5
one side
Arterial Road
and
Major Collector
22.0 14.0 Barrier (standard)
concrete
Minimum 1.5
both sides, wider
sidewalks may
be required by
Director
Industrial Road 20.0 8.0 Drainage ditches Paved shoulder*
Rural Road 20.0 7.5**
Asphalt curb and
ditches as
required
Paved shoulder*
Primitive Trail 4.0 n/a n/a 1.0 gravel
Pedestrian Trail 4.0 n/a n/a 1.5 concrete or
asphalt
Pedestrian/
Cycling Shared
Trail
6.0 n/a n/a 3.0 concrete or
asphalt
* at the discretion of the Director
** vehicle traffic only, may also be widened for paved sidewalk surface
Development Servicing Bylaw 1300 Page 16
Schedule C –Water Systems
1. Water distribution mains shall be sized to carry the peak hourly flow rate or the maximum daily
flow rate plus the fire flow rate, whichever is the greater. Mains shall be sized to operate at or
below the following maximum flow velocities:
(1) Peak hourly demand rate of 2.0 m per second;
(2) Fire flow plus the maximum day demand of 3.0 m per second.
2. For residential areas, the daily domestic demand criteria for purposes of designing water
distribution systems shall be:
(1) Fire flows concurrent with maximum day water demands with a residual system
pressure of 140 kPa (20.3 psi).
(2) Peak hour water demands at a pressure appropriate for the intended land use. For
residential land uses the minimum service pressure shall be 300 kPa (43.5 psi) measured
at the highest proposed floor elevation.
3. The minimum required fire flows for different land uses is provided in Table C-1. All fire flows
are to be available to the furthest distance within the site from the service location and/ or at the
point of highest elevation.
Table C-1 Minimum Fire Flow Requirements
Developments (without sprinklers) Minimum Fire Flow
Single Family/Mixed Residential 60 L/s
Medium Density Residential/Light Industrial and Service
Commercial
90 L/s
Core Area Commercial, Institutional and High Density
Residential
150 L/s
Industrial 200 L/s
4. The amount and duration of design fire flows throughout the development proposed to be
provided shall be submitted to the Director for approval prior to final design of the water
distribution system.
5. Where the proposed development is connected to a portion of the Town’s water distribution
system that provides fire flows lower than listed in Table C-1, approval of the Director is
required for the following two options:
(1) The development will be required to either upgrade the water supply system sufficiently
to provide the water flow; or
(2) The development will be required to reduce the fire protection requirements of the
proposed development to match the level of protection provided by the Town’s
distribution system.
Development Servicing Bylaw 1300 Page 17
Schedule D – Sanitary Sewers
1. Where connection to the Town’s sanitary sewer system is required, sanitary sewer works
including, but not limited to, gravity sewer mains, pump stations and force mains, odour
control equipment, manholes, service connections and all related appurtenances shall be
provided.
2. Where a lot is approved to be subdivided or developed with an individual onsite sewage
disposal system, it shall be designed and constructed in accordance with Sewerage System
Regulation of the Province of British Columbia. The Director may require a preliminary
design showing how the development may in the future be connected to the Town’s sanitary
sewer system.
3. Sanitary sewers shall be designed:
(1) to convey the calculated peak flow for the proposed development and upstream
catchment area including allowances for inflow and infiltration;
(2) to operate at a minimum flow velocity of 0.6 m/s; and
(3) to flow not more than 75% full at the design peak flow including infiltration and
inflow allowances.
Development Servicing Bylaw 1300 Page 18
Schedule E – Stormwater Management Systems
1. Stormwater management infrastructure shall be planned and designed consistent with
policies and methodologies as contained in:
(1) “Stormwater Planning: A Guidebook for British Columbia”, (2002);
(2) “Beyond the Guidebook: Context for Rainwater Management and Green Infrastructure
in British Columbia” (2007); and,
(3) “Beyond the Guidebook 2010: Implementing a New Culture for Urban Watershed
Protection and Restoration in British Columbia”, (2010).
2. Guiding principles to the Town’s design approaches to stormwater management are:
(1) Stormwater is a resource;
(2) Design should consider the full spectrum of rainfall events as described in “Stormwater
Planning: A Guidebook for British Columbia”, (2002);
(3) To collect, store and infiltrate stormwater resulting from a rainfall event having a return
frequency of up to 10 years for all land use categories including medium and high
density residential, commercial, industrial and institutional; and
(4) Conventional stormwater infrastructure comprising piped systems should be designed to
minimize risks of property damage by runoff from an extreme rainfall event.
3. Where site soil conditions constrain onsite management of stormwater and for rainfall events
having a return frequency greater than 5 years for single family residential and greater than 10
years for all other land uses, a combination of piped systems and overland flood routes sized for
the anticipated runoff from a rainfall event having a return frequency of 100 years is to be
provided.
Development Servicing Bylaw 1300 Page 19
Schedule F – Lighting
1. Where a development requires underground electrical distribution, street lighting systems
shall be installed to provide levels of illumination and uniformity as set out in the
Subdivision and Development Servicing Technical Standards prescribed by the Director.
2. Where street lighting is permitted to be installed on utility poles owned by public utilities,
carrying overhead electrical distribution, the Director may prescribe different standards that
in developments serviced underground.
3. The British Columbia Electrical Code, the most recent edition, and standards of FortisBC, the
electrical utility, shall be applicable to the design and construction of the street lighting
system.